MUBARAK MASTER AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS

JUDGEMENT

(1.) Petitioners have filed the present writ petition challenging order dated 04/04/2020, contained in Annexure P/1. By said order Administrative Committee appointed for Municipal Council, Dhanpuri District Shahdol, MP vide gazette notification dated 03/06/2019 was removed and new Administrator namely concerned S.D.O. (Revenue) was appointed.

(2.) Impugned order is challenged by the petitioners on the ground that opportunity of hearing is not provided to them. Order of appointment of Administrative Committee was passed on 03/06/2019 when government formed by ruling party was in majority and order was passed with approval of Cabinet, whereas, the impugned order of removal is without jurisdiction as Governor could not have acted without aid and advice of Council of Ministers. There was no Council of Ministers as on 04/04/2020 and therefore, order is without jurisdiction and same is contrary to provision of Article 163(1) of the Constitution of India. It is also averred by the counsel appearing for petitioners that order is malafide and arbitrary and is passed under political pressure during the period of lock down. Order passed is also in violation of the order passed by the Division Bench of this Court in W.P. No. 6062/2020.

(3.) On the basis of aforesaid grounds, counsel appearing for petitioners prayed for grant of interim relief and to stay the impugned order dated 04/04/2020.